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Arbiter's Decisions

You can search for decisions delivered by the Arbiter for Financial Services and judgements delivered by the Court of Appeal (Civil, Inferior) for those decisions that have been appealed.

You may refine your search as wanted by the name of the financial services provider, the language of the decision, the decision year, decision date from/to, the sector, decision outcome, and whether the decision has been appealed or not. If you select by sector (e.g. 'Banking'), you may filter down your choice by selecting issue (e.g. 'Charges') and/or product (e.g. 'Cards'). Please browse the drop-down filters on the left-hand side.

The database of Arbiter's decisions is updated periodically. In accordance with the OAFS policy, complainants' names in such decisions are pseudonymised (the actual names are replaced by unrelated alphabetical references).

The remit of the Arbiter for Financial Services is to investigate and adjudicate complaints lodged by eligible complainants (individuals and micro-enterprises) against financial services providers who are licensed or authorised by the Maltese financial services regulator. When cases are referred to the Arbiter and a decision is issued, such a decision is binding on both parties.

Either party can request the Arbiter for clarification or correction to any computation, clerical, typographical, or similar errors within 15 days from the delivery of a decision. Decisions may be upheld in full, partially upheld, or rejected, and may be appealed by any of the parties.

As to the Court of Appeal (Civil, Inferior) judgements, we refer to the Court Services Agency's eCourts website (https://ecourts.gov.mt/onlineservices/) for the relevant case reference numbers and appeal judgements. Information about appealed decisions on our website is updated periodically. However, such information should always be cross-checked with the eCourts website as we make no representations or warranties of any kind, express or implied, as to its completeness, accuracy or reliability.

Please get in touch with us through our “Contact us” page if you come across any broken links or other incorrect information.Thank you.

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ASF case reference:
ASF 185/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
28/07/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 038/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
28/07/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 049/2019
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
28/07/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 074/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Outcome:
Partially Upheld by Arbiter
Date of Arbiter's Decision:
28/07/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 110/2018
Sector:
Investments
Language:
English
Financial Services Provider:
Momentum Pensions Malta Limited
Category Issue:
Administration/Management/Custody
Product/Service:
Pensions-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
28/07/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 085/2019
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
GasanMamo Insurance Limited
Category Issue:
Rejection of claim
Product/Service:
Travel-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 053/2019
Sector:
Insurance
Language:
English
Financial Services Provider:
Axeria Insurance Limited(formerly Axeria Assistance Limited)
Category Issue:
Rejection of claim
Product/Service:
Health-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 027/2019
Sector:
Banking / Financial Institutions
Language:
Maltese
Financial Services Provider:
BNF Bank plc
Category Issue:
General admin/customer service
Product/Service:
Savings/Current/Term Account
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
024/2020
ASF case reference:
ASF 016/2019
Sector:
Banking / Financial Institutions
Language:
Maltese
Financial Services Provider:
HSBC Bank Malta plc
Category Issue:
Unauthorised use
Product/Service:
Cards
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
23/2020
ASF case reference:
ASF 007/2019
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre MSV Life plc
Category Issue:
Value at maturity
Product/Service:
Life-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 045/2018
Sector:
Investments
Language:
Maltese
Financial Services Provider:
Michael Grech Financial Investment Services Limited
Category Issue:
Misselling / Suitability
Product/Service:
Complex/Professional/Experienced/Structured investments
Outcome:
Not Upheld
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 025/2019
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre MSV Life plc
Category Issue:
Value at maturity
Product/Service:
Life-related
Outcome:
Partially Upheld by Arbiter
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 100/2019
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
GasanMamo Insurance Limited
Category Issue:
Rejection of claim
Product/Service:
Travel-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 012/2019
Sector:
Insurance
Language:
English
Financial Services Provider:
TravelJigsaw Insurance Limited
Category Issue:
Rejection of claim
Product/Service:
Rental Car-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 002/2020
Sector:
Insurance
Language:
English
Financial Services Provider:
Building Block Insurance PCC Limited
Category Issue:
Rejection of claim
Product/Service:
Pet-related
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 043/2019
Sector:
Insurance
Language:
English
Financial Services Provider:
Axeria Insurance Limited(formerly Axeria Assistance Limited)
Category Issue:
Rejection of claim
Product/Service:
Health-related
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 183/2018
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre MSV Life plc
Category Issue:
Value at maturity
Product/Service:
Life-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 018/2019
Sector:
Insurance
Language:
Maltese
Financial Services Provider:
Mapfre Middlesea plc
Category Issue:
Rejection of claim
Product/Service:
Home (Building & Contents)-related
Outcome:
Upheld by Arbiter
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 086/2019
Sector:
Insurance
Language:
English
Financial Services Provider:
Building Block Insurance PCC Limited
Category Issue:
Rejection of claim
Product/Service:
Pet-related
Outcome:
Not Upheld
Date of Arbiter's Decision:
22/06/2020
Appeal Court reference:
Not Appealed
ASF case reference:
ASF 175/2018
Sector:
Banking / Financial Institutions
Language:
English
Financial Services Provider:
Satabank p.l.c.
Category Issue:
General admin/customer service
Product/Service:
Savings/Current/Term Account
Outcome:
Not Upheld
Date of Arbiter's Decision:
10/03/2020
Appeal Court reference:
Not Appealed